Title
Supreme Court
Land valuation by Land Bank under RA 6657
Law
Executive Order No. 405
Decision Date
Jun 14, 1990
Executive Order No. 405 designates the Land Bank of the Philippines as the primary authority for determining land valuation and compensation for private agricultural lands under the Comprehensive Agrarian Reform Law, allowing the bank to increase its manpower resources for effective implementation, while preserving the rights and remedies of landowners and agrarian reform beneficiaries.

Law Summary

Considerations in Determining Just Compensation

  • Just compensation must consider multiple factors including:
    • Cost of acquisition of the land.
    • Current value of similar properties.
    • Nature and actual use of the land.
    • Income generated from the land.
    • Sworn valuation by the landowner.
    • Tax declarations and government assessments.
  • Additional factors include:
    • Social and economic benefits contributed by farmers, farm-workers, and the government.
    • Consideration of non-payment of taxes or loans from government financing institutions.

Valuation and Compensation Criteria

  • Compensation amount is agreed upon by the landowner, DAR, and LBP based on the criteria outlined in Sections 16 and 17 of RA 6657 and other relevant provisions.
  • If parties cannot agree, the just compensation may be finally determined by the courts.

Role of the Land Bank of the Philippines

  • LBP employs commercial banking personnel with expertise in appraising agricultural properties.
  • This expertise enhances the accuracy and efficiency of land valuation and compensation.
  • LBP is authorized to augment its manpower resources to effectively implement these responsibilities.

Functions of the Department of Agrarian Reform

  • DAR retains its role in identifying priority landholdings for coverage under the Comprehensive Agrarian Reform Program.
  • DAR uses LBP's valuation and compensation determinations to proceed with land acquisition and distribution.

Protection of Rights and Remedies

  • The Executive Order explicitly states it does not diminish the rights or remedies available to landowners or agrarian reform beneficiaries under RA 6657.

Effectivity and Administrative Coordination

  • The Executive Order took effect immediately upon issuance.
  • It aims to streamline the administration procedures of land acquisition and distribution within the Comprehensive Agrarian Reform Program by clarifying responsibilities between LBP and DAR.

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